Category Archives: Internet Law

Douez v Facebook, Inc.: Public Policy and Broad Strokes

By: Jassmine Girgis

PDF Version: Douez v Facebook, Inc.: Public Policy and Broad Strokes

Case Commented On: Douez v Facebook, Inc., 2017 SCC 33 (CanLII)

On its face, Douez v Facebook, Inc. decides the enforceability of a forum selection clause. But the Douez case also addresses public policy issues arising from consumer contracts of adhesion and the Internet era. A majority of the Supreme Court of Canada used public policy principles to find the clause unenforceable.

In British Columbia, a class action was brought against Facebook, Inc. on behalf of 8.1 million people. They alleged Facebook used the names and pictures of certain members for advertising without their consent, contrary to the Privacy Act, RSBC 1996, c 373. Facebook sought to stay the proceedings on the basis of a forum selection clause contained in its terms of use, terms to which all Facebook members must agree before they access the site. The clause requires all disputes be resolved in California, according to California law. Continue reading →

Pritchard v Van Nes: Imposing Liability on Perpetrator Zero of Defamatory Facebook Posts Gone Viral

By: Emily Laidlaw

PDF Version: Pritchard v Van Nes: Imposing Liability on Perpetrator Zero of Defamatory Facebook Posts Gone Viral

Case Commented On: Pritchard v Van Nes, 2016 BCSC 686

Justice Saunders of the British Columbia Supreme Court recently decided Pritchard v Van Nes, 2016 BCSC 686 (Pritchard) concerning the liability of individuals not only for their Facebook posts, but how their “friends” react to these posts, whether through comments, sharing or otherwise distributing the post. This case asks: if you start the fight, are you liable for the pile-on? The analysis of the Court could have significant repercussions concerning the uneasy balance between the right to reputation and freedom of expression, arguably tipping the balance in favour of reputation in stark departure from recent Supreme Court of Canada cases on defamation (see Crookes v Newton, 2011 SCC 47, Grant v Torstar Corp., 2009 SCC 61, WIC Radio Ltd. v Simpson, 2008 SCC 40). Continue reading →

Legal or Social Responsibility? What are the Responsibilities of Internet Companies for Free Speech?

By: Emily Laidlaw

PDF Version: Legal or Social Responsibility? What are the Responsibilities of Internet Companies for Free Speech?

The current controversy concerning the new Calgary-based app Peeple which will allow users to rate anybody they know – from their colleagues, to their friends, to their exes and neighbours – raises many questions familiar to internet lawyers. What are the rights of the subject matters of these ratings? To privacy? To dignity? What rights of free speech exist for anyone using these apps? And what are the responsibilities of the app developer, legally or ethically? For more on this controversy, see here, here, and here. There are some that question whether the app is a hoax, and I question it myself. Regardless, the Peeple controversy serves as a useful platform for discussions of wider issues in Internet governance. While there is much to be analysed concerning the privacy and harassment implications of this app, with this post I am going to focus on a different aspect of the controversy and that is the social responsibility of technology companies for human rights. By shedding light on the discussions happening in the international community I hope it contextualizes why things like Peeple are so controversial; they strike at the core of larger problems concerning the roles and responsibilities of businesses for human rights and the line between law and voluntary commitments. My recent research on this topic has been focused on free speech, so I will discuss the issue here in that context.

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Worldwide Delisting from Google Search Results: The Significance of Equustek Solutions Inc. v Google Inc.

By: Emily Laidlaw

PDF Version: Worldwide Delisting from Google Search Results: The Significance of Equustek Solutions Inc. v Google Inc.

Case Commented On: Equustek Solutions Inc. v Google Inc., 2015 BCCA 265

Last week the British Columbia Court of Appeal issued its much anticipated decision in Equustek Solutions Inc v Google Inc, 2015 BCCA 265, concerning an interlocutory injunction against Google requiring it to delist certain websites from its search results. There is much to analyze concerning this case. For the purposes of this post I will focus my discussion on why this case is of such significance, not only to Canada, but internationally, contextualizing the case within the wider international legal debates concerning the legal and social responsibilities of intermediaries such as Google.